Zoning Board of Appeals

CITY OF NORWICH ZONING BOARD OF APPEALS July 12, 2022 Regular Meeting Minutes Hybrid Meeting ZOOM & Room 335, City Hall, Norwich The regular meeting of the City of Norwich Zoning Board of Appeals was called to order at 7:07 p.m. Roll call was taken. PRESENT: Marc Benjamin, Chairman David Martin (ZOOM) Robert Phoenix Dorothy Travers (ZOOM) Gregory Schlough ABSENT: None OTHERS: Richard Shuck, Zoning Enforcement Officer, and Katherine Rose, Recording Secretary Marc Benjamin called the meeting to order at 7:00 p.m. Marc Benjamin stated all members would be voting on all matters. A. COMMUNICATIONS: None. B. ACCEPTANCE OF MINUTES: Robert Phoenix made a motion to accept the April 12, 2022 minutes with some corrections. Gregory Schlough seconded. All voted in favor. The motion passed unanimously. C. OLD BUSINESS: None. D. NEW BUSINESS: Robert Phoenix made a motion to move application V# 22-04 to the first item of business at the request of staff. Gregory Schlough seconded. All voted in favor. The motion passed unanimously. 1. V# 22-04: 1-59 Forest View Drive (AKA 214 Vergason Ave Ext.); Request for Use Variance to ZR Sec. 4.1.1, Conformity Requirements; to permit use of the property for development of up to 24 additional dwelling units in in the existing condominium development within the Business Park Zone. Property of Forest Land Investment, LLC. Application of Forest Land Investment, LLC. Assessors Map # 034, Block # 001 Lots # 038. Richard Shuck stating he was awaiting a referral back from the Commission on City Planning. Richard Shuck read Exhibits A - E into the record.  Attorney Mark Block, of 138 Main Street in Norwich, requested, on behalf of the applicant, a special meeting to hear the application on July 28, 2022 or for the application to be tabled until the next regularly scheduled meeting. The applicant was not in attendance. Richard Shuck stated that it would be dependent on when the referral from CCP was received. Chairman Marc Benjamin stated he would not be available on that date. Discussion ensued. Robert Phoenix made a motion, per the applicant’s request, to table the application until the next regular scheduled meeting. Gregory Schlough seconded. The motion passed unanimously. 2. V# 22-02: 52 Hedge Ave.: Request for relief from ZR Sec. 1.1, Residential Bulk Requirement; to reduce the side yard setback from 10 ft. to 4.5 ft. on the northern lot line for the construction of a 15 ft. x 25 ft. addition on the rear of the existing home. Property of Sean Bradley, Application of Sean Bradley, Assessors Map # 103, Block # 003 Lots # 029, MF Zone Richard Shuck read Exhibits A - H into the record. Sean Bradley, of 52 Hedge Avenue, explained he is requesting the variance to increase the handicap accessibility of the property. Sean Bradley stated the other tenant in the home is handicap and while the property is handicap accessible from the street, there is no bedroom on the first floor. Sean Bradley stated he would be looking to construct a bedroom and bathroom on the first floor of the home. Sean Bradley stated he would like to square off the existing 7 by 7 foot addition in the rear of the home to follow the houseline, which would allow him to build the first floor comfortably. Sean Bradley stated the addition would not be near the property line and would stay within the footage of the existing home. Robert Phoenix asked staff if the setback of the side yard was in compliance prior to the establishment of zoning regulations. Richard Shuck stated that was correct as there were not established setbacks when the home was built. Robert Phoenix asked the applicant why permits were not required prior to the start of the work on the home. Sean Bradley stated it was due to a lack of understanding. not acquired prior to building lack of understanding? Mr Bradley yes. Richard Shuck showed photos of existing work that occurred prior to getting zoning approval and permits. Rico Hope of 13 Hillside Drive in Gales Ferry stated he was the other tenant in the home and out of ignorance they began working on the property without going through the zoning department. Rico Hope stated he has spoken to his neighbors who have been in support of the upgrades to the home. Rico Hope clarified that the project was a single-story addition of a bathroom, bedroom and closet. Marc Benjamin asked what the current size of the home was. Rico Hope responded the home was currently a 25 by 25  foot two story home and after the addition it would be a 40 by 25 foot mixed level home. Marc Benjamin asked if the home would remain single-family and Rico Hope responded that it would. Marc Benjamin asked, for the record, why the addition had to be put in the proposed location. Sean Bradley responded that he wished to make the home handicap accessible for its tenants. Richard Shuck noted that on the date of the canceled regular June meeting two citizens had signed on to ZOOM who had questions regarding the project. Richard Shuck stated he answered their questions and invited them to meet with him at this office if they had additional questions. Richard Shuck stated he had not heard from anyone since that date. Rico Hope stated he spoke with an adjoining neighbor who stated they would be in attendance at the June meeting and were happy with the project. Robert Phoenix motion to close the application. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. 3. V# 22-03: 4 Hansen Rd: Request for relief from ZR Sec. 1.1, Residential Bulk Requirement; to reduce the front yard setback from 60 ft. to 40 ft. for the construction of 16 x 28 addition on the rear of the existing home. Property of Michael Calkins, Application of Michael Calkins., Assessors Map # 029, Block # 001 Lots # 027, R-80 Zone Richard Shuck read Exhibits A -F into the record. Michael Calkins of 306 Salem Turnpike Unit 2 in Norwich, stated his application for 4 Hansen Road was to expand the two rear rooms of the home, which held the kitchen and downstairs bedroom. Michael Calkins continued that the addition would allow the small first floor bathroom to become a more accessible full bathroom. Michael Calkins stated the work would make the kitchen more maneuverable and accessible. Michael Calkins stated he was also looking to put in a half shed dormer which would add four to five feet of space to the small upstairs bedroom, again increasing accessibility. Marc Benjamin noted that the entire home sat within the front yard setback and that the addition would be within the front yard setback, however everything else was conforming. Marc Benjamin continued that the front yard setback was already infringed upon so the addition would be an expansion of the non-conformity, but in the best direction possible. Michael Calkins stated the addition would be consistent with the existing style of the home. Marc Benjamin asked what the total lot size was and Michael Calkins responded it was approximately 14 acres. Robert Phoenix made a motion to close the public hearing. Gregory Schlough seconded. All voted in favor. The motion passed unanimously. E. DISCUSSION AND POSSIBLE DECISIONS: 1. V# 22-02: 52 Hedge Ave.: Request for relief from ZR Sec. 1.1, Residential Bulk Requirement; to reduce the side yard setback from 10 ft. to 4.5 ft. on the northern lot line for the construction of a 15 ft. x 25 ft. addition on the rear of the existing home. Property of Sean Bradley, Application of Sean Bradley, Assessors Map # 103, Block # 003 Lots # 029, MF Zone Gregory Schlough made a motion to approve the application. Dorothy Travers seconded. Gregory Schlough noted that he did not want to set a precedent of approving non-conforming work that had already begun to occur. Dorothy Travers agreed with the points made by Gregory Schlough. David Martin stated the home was already non-conforming and that the work is a continuation of the non-conforming line. David Martin stated while he wished the work came before the board before starting, he felt that he would have approved the application if it had. Robert Phoenix noted that the property would not be owned by an individual, rather an real estate investment firm, and while the a co-owner of the firm is involved with the property, he did not see the work as a clear improvement by the homeowner for their own wellbeing. Marc Benjamin stated he agreed with David Martin and Gregory Schlough, in that if the project had been submitted as an addition to a small property that maintained property lines he would have approved it. Marc Benjamin asked Richard Shuck if ADA accessibility was applicable to homeownership as a hardship. Richard Shucks responded he was not entirely sure and knew that there were guidelines for accessible ramps, but did not know if ADA accessibility could be used towards a hardship. Marc Benjamin stated he believed it was not applicable as a hardship for a single-family home, based on the laws he had seen. David Martin stated the hardship was the lot size and location of the existing home, and did not think the applicant should be penalized for a lack of understanding. Dorothy Travers agreed that there were existing hardships that were not mentioned by the homeowner. Gregory Schlough added the hardship of the property size and that the addition was non-conforming to zoning regulations to his motion to approve the application. Gregory Schlough, Dorothy Travers, David Martin and Marc Benjamin voted in favor. Robert Phoenix voted in opposition. The motion passed. 2. V# 22-03: 4 Hansen Rd: Request for relief from ZR Sec. 1.1, Residential Bulk Requirement; to reduce the front yard setback from 60 ft. to 40 ft. for the construction of 16 x 28 addition on the rear of the existing home. Property of Michael Calkins, Application of Michael Calkins., Assessors Map # 029, Block # 001 Lots # 027, R-80 Zone  Gregory Schlough made a motion to approve the application. Robert Phoenix seconded. Gregory Schlough stated the property of the existing home is already completely non-conforming so he did not see harm in the addition and noted there is plenty of surrounding land. Robert Phoenix stated that granting the variance would allow the applicant the best use and enjoyment of the property. Dorothy Travers and David Martin were in agreement. All voted in favor. The motion passed unanimously. 3. V# 22-04: 1-59 Forest View Drive (AKA 214 Vergason Ave Ext.); Request for Use Variance to ZR Sec. 4.1.1, Conformity Requirements; to permit use of the property for development of up to 24 additional dwelling units in in the existing condominium development within the Business Park Zone. Property of Forest Land Investment, LLC. Application of Forest Land Investment, LLC. Assessors Map # 034, Block # 001 Lots # 038. The application was tabled until the next regular scheduled meeting. F. STAFF UPDATES: Richard Shuck discussed the new electronic permitting and application system. The board discussed the loss of member Peter Cuprak. G. ADJOURNMENT: A motion was made by Robert Phoenix to adjourn at 7:55 PM. Dorothy Travers seconded. All voted in favor. The motion passed unanimously. Respectfully submitted, Katherine Rose Recording Secretary